South Africa: Trials & Appeals & Compensation

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
No Easy Escape From Gauteng’s Mandatory Mediation Regime
A recent Gauteng High Court judgment confirms that mandatory court-annexed mediation cannot be avoided simply because parties are hostile toward each other or believe the process will be futile. The court ordered an uncooperative defendant to participate in mediation, establishing that only exceptional circumstances will excuse parties from the process introduced by the Directive and Protocol.
South Africa Litigation
CD
Cliffe Dekker Hofmeyr
Article
Aspiring Legal Practitioners Must Demonstrate Honesty And Integrity In The Admission Process
A KwaZulu-Natal High Court judgment dismisses an aspiring legal practitioner's application for leave to appeal after she was found to have made deliberate false statements and material non-disclosures under oath during her admission application. The court's decision reinforces the profession's unwavering standards for honesty and integrity, distinguishing between negligent omissions and deliberate dishonesty in the admission process.
South Africa Litigation
E
ENS
Article
The MV Haralambos: What The SCA's Latest Associated Ship Judgment Means And The Questions That It Leaves Open
The Supreme Court of Appeal's recent judgment in the MV Haralambos case has sparked significant debate in South Africa's maritime community by upholding a vessel arrest based largely on commercial database evidence. The decision addresses the challenging question of proving common control between ship-owning companies when beneficial ownership information is not publicly available, potentially reshaping the evidentiary landscape for associated ship arrests. At the heart of the controversy lies whether comme
South Africa Litigation
E
ENS
Article
Raising A Rule 6(5)(d)(iii) Notice Before The Rule 53 Record: An Irregular Step Or A Competent Election?
A Constitutional Court decision has clarified a critical procedural question in South African administrative law: whether respondents can raise dispositive legal objections before producing the Rule 53 record in review proceedings. The ruling addresses the tension between an applicant's right to supplement their case after receiving the administrative record and a respondent's ability to challenge the review on purely legal grounds at an early stage.
South Africa Litigation
FW
Fairbridges
Article
Personal Liability Of Business Rescue Practitioners In South Africa
Business Rescue Practitioners in South Africa wield significant powers over distressed companies, but when does their conduct cross the line into personal liability? Explore the legal boundaries between commercial judgment and gross negligence, and discover how recent case law protects practitioners acting in good faith while holding accountable those who act recklessly or fraudulently.
South Africa Commercial
BI
Barnard Inc.
Article
Strategic Litigation Decisions And Prescription: A Cautionary Tale
A private hospital patient's leg amputation following an untreated ruptured aneurysm led to complex medical negligence litigation involving multiple defendants. When the plaintiff's legal team delayed suing a key physician based on a strategic decision to pursue vicarious liability, the court had to determine whether the claim had prescribed under South Africa's three-year limitation period.
South Africa Litigation
AA
Adams & Adams
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